← Library
Madras High CourtWP(MD)/5939/2016dismissed

P. Murugan, v. The District Registrar,

2023-01-23Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.5939 of 2016 and W.M.P(MD) Nos.5270 and 8146 of 2016 P.Murugan ..... Petitioner - Vs1. The District Registrar, Registration Office, Madurai District.

2. The Sub Registrar, Registration Office, Melur Circle, Madurai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, directing the respondent to call for the records on the file of the second respondent in his proceedings in Check Slip No.1/2016/1, dated 18.02.2016 and quash the same and direct to register the petitioner's settlement deed in view of his application, dated 18.02.2016.

1/4

For Petitioner : Mr.M.Siddharthan For Respondents : Mr.M.Ramesh Government Advocate (for -R-1 and R-2)

ORDER

The present Writ Petition has been filed seeking to quash the proceedings of the second respondent in Check Slip No.1/2016/1, dated 18.02.2016 and to direct the respondents to register the petitioner's settlement deed in view of his application, dated 18.02.2016. On analysing of Check Slip issued by the second respondent, it is seen that a settlement deed, is sought to be registered claiming right through unregistered Will, dated 19.08.2015. The second respondent have issued the Check Slip holding the said document would not be a proof of title. The documents sought to be relied upon by the petitioner is an unregistered Will. Till the said Will is proved before the appropriate Court, this Court is of the view that the petitioner would not be entitled to deal with the property. Hence, I do not find any infirmity in the Check Slip issued by the second respondent. 2/4

2. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed. 23.01.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi To

1. The District Registrar, Registration Office, Madurai District.

2. The Sub Registrar, Registration Office, Melur Circle, Madurai.

3/4

K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No.5939 of 2016 23.01.2023 4/4